Arbitration: Former Employer Could Not Revive Arbitration Demand Against Ex-Employee After Paying Late Following Expiration Of The CCP § 1287.97 30-Day Deadline

Deadline Is Strict; § 1287.97 Is Not Preempted By The FAA.

               In Jane Doe v. Lawyers for Employee and Consumers Rights, Case No. B330052 (2d Dist., Div. 6 Mar. 21, 2024) (unpublished), former employer sought to press arbitration against ex-employee although it paid late arbitration expenses in derogation of the 30-day deadline under CCP § 1287.97.  The trial court denied employer’s motion to compel and imposed sanctions under § 1287.97(d).  The appellate court affirmed.

               Section 1287.97’s payment deadline is strict and unforgiving.  Payment after the deadline could not resuscitate the situation.  Further, the lower court, not an arbitrator, gets to decide this issue.  (Espinoza v. Superior Court, 83 Cal.App.5^th 761, 787 (2002); Cvejic v. Skyview Capital, LLC, 92 Cal.App.5^th 1073, 1078-1079 (2023).)  Finally, section 1287.97 is not preempted by the Federal Arbitration Act.  (Espinoza, 83 Cal.App.5^th at 771.)